State v. Hibler
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The Supreme Court affirmed Defendant’s convictions and sentences for first degree sexual assault of a child, incest with a person under eighteen years of age, and third degree sexual assault of a child, holding that Defendant was not entitled to relief on any of his claims raised on appeal.
Specifically, the Court held (1) the age classifications defining sexual assault of a child in Neb. Rev. Stat. 28-319.01(1)(a) and associated mandatory sentence in Neb. Rev. Stat. 28-319.01(2) are not unconstitutional; (2) the district court did not abuse its discretion in its challenged evidentiary rulings; (3) the evidence was sufficient to support Defendant’s convictions; and (4) Defendant did not receive ineffective assistance of counsel.
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